Research On The Repatriation Of Cultural Relics In Private International Law Perspective

China has an ancient history and splendid civilization,, but in modern times since the opium war, many cultural relics in our country are lost overseas because of the war disaster, illegal trade and smuggling. In order to recover millions of cultural relics to their owners, our country, together with the international society have made many efforts.Currently, the ways of repatriation of cultural relics lost overseas include international conventions way, repurchasing way, private international law of cross-border litigation and arbitration mechanism. The way that used more often is international conventions way. But invoked in this way, there are some defects such as the protection scope of cultural relics is limited in scope, the implementation way is unenforcable and some other defects, which results in many obstacles on the implementation of cultural relics controversy. Especially with the increase in the practice of cultral relics disputes, threre appears to more limitations by invoking international conventions to solve the problems on the repatriation of cultural relics lost overseas.In this context, the essay target on cultural relics lost overseas. Firstly, in the first chapter of this essay, it introduces the concept of cultural relics in China and abroad, and the classification as well as the protection scope of cultural relics. The essay also introduces the status quo of cultural relics national and abroad. Then, the essay analyses the current situation of the loss of cultural relics and the repatriation of cultural relics in our country. In the second chapter of the essay, the private international machanism of cultural relics dispute is discussed. And the private international machanism include cross-border litigation international cultural relics arbitration. In this chapter, we’re going to discuss the distinguishing feature and feasibility of these two ways. Besides, some specific matters involving cross-border litigation such as the matter on the conflict of laws in different countries, the subject who has the right to bring a suit, as well as the ownership of the cultural relics lost overseas. Therefore, the second chapter focuses on studying the mechanism of cross-border litigation. The third part of the essay introduces relevant legislation and practices of cultural relics in Greece and Egypt. And in the last chapter of the essay, it proposes some suggestions on the implementation on Cultural relics protection law as well as the private international law in China.This essay focuses on the return of cultural relics in the perspective of private international law, but actually more attention has been put on the mechanism of cross-border litigation, train third chapter discusses the issue. One reason is that compared to international arbitration, cross-border litigation mechanism could easily be ignored, but it is in fact a powerful relics recourse means. This essay attempts to make more people, especially legislators ponder the feasibility of private international law approach, and how to properly apply this approach provides some suggestions. Also, note that our conservation law and private international law legislation provides for the protection of cultural relics related issues, blank, learn from foreign advanced practice, and to implement China’s international private law and put more attention on the protection of cultural relics.